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Cal.3d: Use of employer's email system was waiver of A-C privilege in sex harassment case against employer

By John Wesley Hall, Jr.

By using the employer’s e-mail system with notice that the e-mail could be read by the employer, the employee’s e-mails with her lawyer were not privileged. Holmes v. Petrovich Development Company, LLC, C059133 (3d Dist. January 13, 2011): Among other things, we conclude that e-mails sent by Holmes to her attorney regarding possible legal action against defendants did not constitute “confidential communication between client and lawyer.” within the meaning of Evidence Code section 952. This is so because Holmes used a computer of defendant company to send the e-mails even though (1) she had been told of the company’s policy that its computers were to be used only for company business and that employees were prohibited from using them to send or receive personal e-mail, (2) she had been warned that the company would monitor its computers for compliance with this company policy and thus might “inspect all files and messages ...continue to full post

Full post as published by Law Of Criminal Defense on January 13, 2011 (boomark / email).